- 1 - NC: 2025:KHC:12455 CRL.P No. 2222 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.2222 OF 2025 BETWEEN: CHALUVARAYI S/O. CHALUVARAYI, AGED 50 YEARS, R/A. GANGURU VILLAGE, SRIRANGAPATTANA TALUK, MANDYA - 571 438. …PETITIONER (BY SRI. HARSHA V., ADVOCATE) AND: STATE OF KARNATAKA BY SHRAVANABELAGOLA POLICE, REPRESENTED BY SPL. PUBLIC PROSECUTOR, DR.AMBERDKAR VEEDHI, BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDL. SPP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 BHARATIYA NAGARIKA SURAKSHA SANHITA - 2023, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN C.C.NO.154/2021 (CRIME NO.112/2019) FOR THE OFFENCES PUNISHABLE UNDER SECTION 420 R/W SEC 34 OF IPC, OF Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12455 CRL.P No. 2222 of 2025 SHARAVANABELAGOLA POLICE STATION, PENDING BEFORE THE SENIOR CIVIL JUDGE AND JMFC COURT, CHANNARAYAPATNA WHEREIN THE PETITIONER IS ARRAYED AS ACCUSED NO.2. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.2 in C.C.No.154/2021 pending before the Court of Senior Civil Judge and JMFC, Channarayapatna, Hassan District, arising out of Crime No.112/2019 registered by the Shravanabelagola Police Station, Hassan, for the offence punishable under Section 420 read with Section 34 of IPC, is before this Court under Section 483 of Bharatiya Nagarika Suraksha Sanhita, 2023, seeking regular bail. 2. Learned counsel for the petitioner submits that on merits of the case, petitioner was earlier granted regular bail before filing of charge-sheet. After filing of charge-sheet, summons was not served on the accused. In spite of the same, non bailable warrant was issued against the accused and - 3 - NC: 2025:KHC:12455 CRL.P No. 2222 of 2025 subsequently, his presence was secured on 03.12.2024 and eversince then, petitioner is in custody. He is ready and willing to co-operate before the Trial Court. Accordingly, learned counsel sought for allowing the petition. 3. Perusal of the material on record would go to show that on merits of the case, petitioner was granted regular bail in the present case by the Trial Court even before the charge-sheet was filed. Order sheet of the Trial Court would go to show that after the charge-sheet was filed, though summons was issued to the petitioner, the same was not served and in spite of the same, coercive action was taken against him to secure his presence. The Trial Court has issued non bailable warrant and proclamation orders against the petitioner and subsequently, his presence was secured before the Trial Court on 03.12.2024 and on the said date, he was remanded to judicial custody. 4. On the merits of the case, petitioner has already been granted regular bail in the present case and only for the reason that he was not present before the Trial Court on regular dates of hearing, he was arrested and remanded to judicial custody. For the mistake committed by the petitioner, he has been - 4 - NC: 2025:KHC:12455 CRL.P No. 2222 of 2025 sufficiently punished. The apprehension of the learned High Court Government Pleader can be taken care of by imposing appropriate conditions. 5. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.112/2019 registered by the Shravanabelagola Police Station, Hassan, for the offence punishable under Section 420 read with Section 34 of IPC, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said - 5 - NC: 2025:KHC:12455 CRL.P No. 2222 of 2025 Court until the case registered against him is disposed off. f) The petitioner shall mark his attendance on the first Sunday of every month before the Station House Officer of Shravanabelagola Police Station, Hassan, between 10.00 a.m. to 1.00 p.m., for a period of six months. Sd/- (S VISHWAJITH SHETTY) JUDGE sac List No.: 1 Sl No.: 53